Author Archive | Jeff Rowes (Institute for Justice), guest-blogging

All of us at the Institute for Justice want to thank Eugene for giving us an opportunity to discuss our latest case this week (previous posts here, here, here, and here).  I want to use this last post to respond to a few comments. First, some people have argued in the comments that just because […]

Today I’d like to discuss how to apply principled judicial engagement to the bone marrow case (see previous posts here, here, and here), and I hope to explain this in a way that responds to some of the concerns in the comments that this case may lead to open-ended judicial activism.  Judicial engagement provides meaningful […]

In the past two posts, I outlined the Institute for Justice’s constitutional challenge to the bone marrow provision of the National Organ Transplant Act.  In short, our clients want to use strategic incentives such as $3,000 scholarships to incentivize more lifesaving bone marrow donations, but doing so is considered criminal organ-selling. Today, I’ll discuss the standard […]

Yesterday, I sketched the legal theory behind the Institute for Justice‘s challenge to the National Organ Transplant Act of 1984 in which our clients seek to strike down the provision that makes it a serious crime to compensate bone marrow donors. Today, I’d like to explain the history of NOTA and why the inclusion of bone marrow in the statute is so irrational […]

Thanks Eugene for letting me guest-blog this week about the Institute for Justice’s latest case: the first ever constitutional challenge to the National Organ Transplant Act (NOTA).  [youtube]http://www.youtube.com/watch?v=GOO2kQZbqB0[/youtube]We’re asking the courts to enjoin the Attorney General from enforcing the provision of NOTA that makes it a serious crime to compensate bone marrow donors. I’ll use […]